Florida Case Commentaries

Prospective Application of Florida's Bad Faith Statute: STATE FARM v. LaFORET

Date: Jul 25, 1995

Prospective Application of Florida's Bad Faith Statute: STATE FARM v. LaFORET Introduction State Farm Mutual Automobile Insurance Company v. Veronica Ann LaForet, et vir. (658 So. 2d 55, 1995) is a...

Emotional Conduct as a Factor in Parental Abandonment: Insights from In Re the Adoption of Baby E.A.W.

Date: Jul 21, 1995

Emotional Conduct as a Factor in Parental Abandonment: Insights from In Re the Adoption of Baby E.A.W. Introduction The case of In Re the Adoption of Baby E.A.W., Petitioner, v. J.S.W., et ux., et...

Retroactive Application of Hale: Establishing a Two-Year Window for Rule 3.850 Challenges

Date: Jul 21, 1995

Retroactive Application of Hale: Establishing a Two-Year Window for Rule 3.850 Challenges Introduction The case of State of Florida v. Albert Callaway, Jr. (658 So. 2d 983) stands as a pivotal...

Unified Standard of Review for District Court Certiorari Affirmed in Haines City Community Development v. Heggs

Date: Jul 7, 1995

Unified Standard of Review for District Court Certiorari Affirmed in Haines City Community Development v. Heggs Introduction Haines City Community Development, d/b/a Parkview Village v. Leila Heggs...

Defining Appellate Certiorari Jurisdiction in Punitive Damages Cases: Globe Newspaper Co. v. King

Date: Jul 7, 1995

Defining Appellate Certiorari Jurisdiction in Punitive Damages Cases: Globe Newspaper Co. v. King Introduction In Globe Newspaper Company v. Matthew J. King, the Supreme Court of Florida addressed a...

Sovereign Immunity in Negligence Claims: Insights from Department of Health and Rehabilitative Services v. B.J.M.

Date: Jul 6, 1995

Sovereign Immunity in Negligence Claims: Insights from Department of Health and Rehabilitative Services v. B.J.M. Introduction The case of Department of Health and Rehabilitative Services,...

Harvey v. Dugger: Establishing Standards for Effective Counsel in Capital Cases

Date: Jun 9, 1995

Harvey v. Dugger: Establishing Standards for Effective Counsel in Capital Cases Introduction Harold Lee Harvey, Jr. v. Richard L. Dugger, et al. is a pivotal case decided by the Supreme Court of...

ALLSTATE INSURANCE CO. v. LANGSTON: Refining the Boundaries of Relevant Discovery in Civil Litigation

Date: May 12, 1995

ALLSTATE INSURANCE CO. v. LANGSTON: Refining the Boundaries of Relevant Discovery in Civil Litigation Introduction The case of Allstate Insurance Company v. Joyce Langston (655 So. 2d 91) adjudicated...

Revisiting the Per Se Reversal Rule for Discovery Violations: Florida Supreme Court's Decision in SCHOPP v. STATE

Date: May 2, 1995

Revisiting the Per Se Reversal Rule for Discovery Violations: Florida Supreme Court's Decision in SCHOPP v. STATE Introduction In the landmark case of State of Florida v. Eric Schopp, 653 So. 2d 1016...

Affirmation of Death Penalty in Inmate-On-Inmate Assault: Coney v. Florida

Date: Apr 28, 1995

Affirmation of Death Penalty in Inmate-On-Inmate Assault: Coney v. Florida Introduction Jimmie Lee Coney v. State of Florida is a significant case adjudicated by the Supreme Court of Florida on April...

Reyes v. State of Florida: Clarifying the Imposition of Probationary Costs

Date: Mar 28, 1995

Reyes v. State of Florida: Clarifying the Imposition of Probationary Costs Introduction In the landmark case of Reyes v. State of Florida, 655 So. 2d 111 (1995), the District Court of Appeal of...

Strict Procedural Adherence in Habeas Corpus Petitions: Insights from Williamson v. Dugger

Date: Mar 15, 1995

Strict Procedural Adherence in Habeas Corpus Petitions: Insights from Williamson v. Dugger Introduction The case of Johnny Williamson v. Richard L. Dugger, adjudicated by the Supreme Court of Florida...

Florida Supreme Court Upholds Impact Rule in Negligent HIV Diagnosis Cases

Date: Mar 3, 1995

Florida Supreme Court Upholds Impact Rule in Negligent HIV Diagnosis Cases Introduction The case of R.J. and P.J. v. Humana of Florida, Inc., et al. (652 So. 2d 360) presented a crucial examination...

Clarifying Apparent Agency in Franchising: Mobil Oil Corp. v. Bransford

Date: Feb 18, 1995

Clarifying Apparent Agency in Franchising: Mobil Oil Corp. v. Bransford Introduction In the landmark case of MOBIL OIL CORPORATION v. JEREMY BRANSFORD (648 So. 2d 119), adjudicated by the Supreme...

Dominant Culpability Justifies Disparate Sentencing: Upholding Death Penalty in Ronald Heath v. State of Florida

Date: Jan 26, 1995

Dominant Culpability Justifies Disparate Sentencing: Upholding Death Penalty in Ronald Heath v. State of Florida Introduction Ronald Heath v. State of Florida is a pivotal case decided by the Supreme...

Clarifying the Balance between Heinousness and Mental Mitigation in Capital Sentencing: Spencer v. State of Florida

Date: Dec 7, 1994

Clarifying the Balance between Heinousness and Mental Mitigation in Capital Sentencing Spencer v. State of Florida, 645 So. 2d 377 (Fla. 1994) Introduction In Spencer v. State of Florida, the Supreme...

Establishing Fiduciary Duty in Bank-Customer Relationships: Capital Bank v. MVB, Inc.

Date: Nov 24, 1994

Establishing Fiduciary Duty in Bank-Customer Relationships: Capital Bank v. MVB, Inc. Introduction The case of Capital Bank, a Florida Banking Corporation, versus MVB, Inc. and related parties,...

Presumption Against Retroactive Application in Employment Retaliation Cases: Arrow Air, Inc. v. Michael Walsh

Date: Nov 18, 1994

Presumption Against Retroactive Application in Employment Retaliation Cases: Arrow Air, Inc. v. Michael Walsh Introduction The case of Arrow Air, Inc., Petitioner, v. Michael Walsh, Respondent (645...

Enhanced Clarity in Death Penalty Sentencing: The JACKSON v. STATE Decision

Date: Oct 14, 1994

Enhanced Clarity in Death Penalty Sentencing: The JACKSON v. STATE Decision Introduction The case of Andrea Hicks JACKSON v. STATE of Florida, decided by the Supreme Court of Florida on October 13,...

Affirmation of Death Sentence and Convictions in Armada v. State of Florida: Standards for Witness Recantation and Sentencing

Date: Sep 30, 1994

Affirmation of Death Sentence and Convictions in Armstrong v. State of Florida: Standards for Witness Recantation and Sentencing Introduction Armstrong v. State of Florida is a pivotal case...